The Federal Mediation and Conciliation Service

Creating Labor Management Forums to Improve Delivery of Government Services

President Obama Executive Order 13522 December 9, 2009

COURSE OBJECTIVES Orientation to Executive Order 13522 Introduction to Labor-Management

Committees Skill Building Discuss Next Steps for Starting a Labor-

Management Committee

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Other FMCS Services Assistance in Labor/

Management relationship building

Labor/Management grants program

ADR consultation and service delivery

Training /Mentoring

FMCS is located in over 75 field offices

Created as part of the Labor-Management Act of 1947 (Taft-Hartley)

Primary mission: To provide mediation assistance to minimize the effect of strikes and lock outs; Promote sound and stable labor management relations

Provides service pursuant to the Federal Service Labor Management Statute

A BRIEF INTRODUCTION TO FMCS

www.fmcs.gov3

WORKING TOGETHER IS NOTHING NEW

In 1978, Congress found that –experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively and participate through labor organizations of their own choosing in decisions which affect them -- safeguards the public interests, contributes to the effective conduct of public business,

and facilitates and encourages the amicable settlements of

disputes between employees and their employers involving conditions of employment.

Source: Federal Service Labor Management Relations Statute :5 USC 7107(A)

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EXECUTIVE ORDER EXPECTATIONS

Establishes a new direction for Federal sector labor relations

Similar, but different from Clinton Executive Order

Seeks to create a non-adversarial atmosphere where labor and management will be able to meet and address: Promotion of satisfactory labor relations Improvement of the Federal Government’s

productivity and effectiveness

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EXECUTIVE ORDER HIGHLIGHTS

Purpose: to establish a cooperative and productive form of labor-management relations throughout the executive branch

Establishes the National Council on Federal Labor-Management Relations Director, OPM & OMB Deputy Director, Co-chairs Chair, FLRA Deputy Secretary (or other officer) from each of 5

executive departments or agencies Presidents, AFGE, NFFE, NTEU, IFPTE, and the

heads of 3 other unions President, Senior Executive Association President, Federal Managers Association

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EXECUTIVE ORDER HIGHLIGHTS

Council Responsibilities and Functions Advise the President on matters involving labor-

management relations in the executive branch Support the creation of Department or Agency level

labor-management forums Develop recommendations for innovative ways to

improve delivery of services and products to the public while cutting costs and advancing employee interests

Recommend to President implementation of several pilot programs

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EXECUTIVE ORDER HIGHLIGHTS

Labor-Management Forums in the Executive Branch Each executive department or agency shall:

Establish department/agency level labor management committees to help identify problems and propose solutions to better serve the public and agency missions

Allow for pre-decisional involvement in all workplace matters to the fullest extent practical without regard to permissive or management rights status and expeditiously provide information

Evaluate and document changes in employee/manager satisfaction, and organizational performance

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AN INTRODUCTION TO LABOR MANAGEMENT COMMITTEES

The Five “W’s” Who? What? When? Where ? Why?

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THE FIVE “W’s” OF PARTNERSHIP

An equal number of labor and management representatives; responsible and capable leaders who are willing and able to make decisions and promote trust.

W H O

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The process of labor and management working together with a common goal of discussing and resolving mutual problems and improving their relationship

WHAT?

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LMC ACTIVITIES

INFORMATION seeking, sharing

PROBLEM SOLVING RULES no grievances, no changes to collective

bargaining agreement

DECISION LEVELS input, recommend, consensus

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LABOR MANAGEMENT

HOW MUCH COOPERATION?

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LABOR MANAGEMENT

HOW MUCH COOPERATION?

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LABOR MANAGEMENT

YOU DECIDE

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THE AGENDAPrepared and

distributed in advance

Developed jointly by the parties exchanging topics

Allows for discussion of emergency items 16

DISCUSSIONSFollow a logical problem

solving processDefine & analyze mutually

identified problemsExplore all possible solutionsSelect the best solutionPlan action & follow up

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WHAT GETS DISCUSSED?

Customer service

Training

Work processes

Morale problems

Health and safety

Any mutually agreeable topics

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USE “SMART” GOALS

SMART Goal Setting in 5 Easy StepsStep Mnemonic

(memory aid)Description Criteria

met

1 S pecific Who, what, when, where, why

2 M easurable How much or how many

3 A ction oriented

Desired steps and results

4 R realistic, relevant

Can it be done, will it accomplish desired outcome

5 T ime based By when

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DECISION MAKING

Made by consensus and not by voting

If a consensus is not reached on a topic

after thorough discussion, the topic can

revert to its proper place in the labor

management relationship, grievance

procedure, or negotiations.

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CONSENSUS DECISION MAKING

DEFINITION: A decision which all members of a group can agree upon. The decision may not be everyone’s first choice, but they have heard it and everyone can live with it.

PROCESS: The group must agree to work together until they find a solution that doesn’t compromise strong convictions or needs.

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WHY CONSENSUS DECISION MAKING?

BUILDS GROUP UNITY

MAXIMIZES GROUP INPUT

ACHIEVES COMMITMENT & SATISFACTION

IMPROVES RELATIONSHIPS

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0

20

40

60

80

100

A Working Definition of Consensus

70% COMFORTABLE 100% COMMITTED 23

Regular meetings should be

scheduled for a set time of approximately one - two hours

WHEN

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Arrange an adequate meeting room to conduct meetings; free of distractions and equipped with a flipchart, computer, comfortable seating and a table

WHERE

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WHY? Accomplishes goals of the

Executive OrderAn additional positive

dimension of the collective bargaining relationship

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LMC PITFALLSParties use committee as a tool to get what they could not get at the bargaining table

Parties go through the motions and do not do anything

Not an effective means of getting input 27

INTERACTIVE DISCUSSION

Think about any experience you’ve had working with a committee: What worked? What didn’t work?

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LMC ACTIVITIESTASKS

THE SUBJECT MATTER OR TASK THAT THE GROUP IS WORKING ON

USUALLY THE FOCUS OF EVERYONE’S ATTENTION

PROCESS WHAT IS HAPPENING

TO AND AMONG GROUP MEMBERS WHILE THE GROUP IS WORKING

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SUCCESSFUL COMMITTEES NEED A BALANCE

PROCEDURES TASKS

RELATIONSHIPS

PROCESS

MAXIMUM EFFECTIVENESS

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WHAT MAKES COMMITTEES EFFECTIVE?

EFFECTIVE PLANNING

EFFECTIVE MEETINGS

GROUP PROBLEM SOLVING

CONSENSUS DECISION MAKING

COMMUNICATION WITH CONSTITUENTS

EFFECTIVE PLANNING

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HOW DO COMMITTEES ACHIEVE MAXIMUM EFFECTIVENESS?

INTERPERSONAL SKILLS

GROUP DYNAMICS

SHARED LEADERSHIP

UNDERSTAND SELF AND OTHERS

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LABOR MANAGEMENT COMMTTEE TOOLS consensus decision

making brainstorming active listening force field analysis problem solving

models six step interest based

problem solving

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1. CONSIDER

2. DESIGN

3. MANAGE

4. MEASURE

PHASES OF

COMMITTEE GROWTH

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Consider Motivation to improve the relationship Where do you need to start Commitment to explore cooperation

process jointly from the beginning Willingness to identify benefits of and

restraints to cooperation Open and honest sharing of information

and feedback Interest in exploring new roles and

responsibilities Willingness to learn while leading Have the long term perspective

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Topics to Explore: Purpose Membership Structure Decision Making Process Dispute Resolution Process Facilitation and Training Behavioral Ground Rules

(unwritten?) Logistics and Resource Support Communication with Constituents

Design

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Demonstrate joint leadership and responsibility

Develop a strategic plan for cooperation

Identify and solve problems Use facilitators Communicate with constituents Support each other in the process of

change

Manage

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Some key questions to ask: What has improved because of the

labor management committee What aspects of the relationship

need further attention What action does the committee

need to take Opportunity for reconsideration and

redesign How to expand skills

Measure

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INTERACTIVE EXERCISE Brainstorm Ways to Get Started with a Labor

Management Committee

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RULES FOR BRAINSTORMING

Define problem No criticism No killer phrases Use freewheeling

imagination Build on other’s

ideas Aim for quantity Record each idea

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VIDEO: “From No To Yes”

See Appendix to follow points from the Video

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INTERACTIVE EXERCISE

Accelerated Consensus Decision Making: Using the results from the brainstorming

exercise: Agree on the most effective ways to start a

labor management committee

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GETTING GOING: Where you start depends on where you are

Troubled Relationship

Functional relationship

High level of cooperative behaviors

Existing Successful L/M

Partnership

Troubled Relationship

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Building Labor Management Relationships

Labor Management Forum Training Facilitation Committee Effectiveness Training

Steward Supervisors Skills Development Assessment Programs Putting it Back Together Relationships-by-Objectives (RBO) Grievance Mediation

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